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James Young in Fisherrow, by his bond, given to Adam Simpson in Fraserburgh, is obliged to deliver to the said Adam, six barrels of salt, at a certain day and a certain place in Shetland, and failing thereof, ten merks for each barrel. Simpson alleging the failzie, registers the bond, and charges for the failzie. Young suspends, alleging he made offer to the pursuer debito tempore et loco; and upon the pursuer's refusal, left the six barrels of salt in the place of Shetland contained in the bond, which reason he offered to prove by famous witnesses. The pursuer opponed his bond, which could not be taken away by witnesses. The Lords found, That a matter of so small importance consisting in facto, viz. the delivery of the six barrels of salt, and offer thereof made to the party, might be proved by witnesses.
